1989 PLP 4634 (MLD)
FALAK SHER and others‑‑Petitioners Versus THE STATE‑‑Respondent.
| Citation | 1989 PLP 4634 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Tanvir Ahmad Khan, J |
| Parties | FALAK SHER and others‑‑Petitioners Versus THE STATE‑‑Respondent. |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 4634 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 4634 (MLD)?
The case was heard and decided by the Lahore bench comprising: Tanvir Ahmad Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4634 (MLD) (FALAK SHER and others‑‑Petitioners Versus THE STATE‑‑Respondent.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Q.M.Saleem for Petitioners.
- Date of hearing: 10th July, 1989.
Headnotes / Summary
‑‑‑S.497‑‑Offence of Zina ('Enforcement of Hudood) Ordinance (VII of 1979), S.18‑‑Bail, grant of‑‑Accused were allegedly found committing Zina with three ladies in a vacant bungalow‑‑Challan submitted in Court under section 18 of the Ordinance and section 10 was deleted‑‑Lady accused were already released on bail‑‑Bail allowed in circumstances. A.H.Masud for the State. Abdus Sattar Chughtai for Complainant.
Judgment & Decree
A.H.Masud for the State. Abdus Sattar Chughtai for Complainant. Date of hearing: 10th July, 1989. The petitioners Falak Sher, Muhammad Yousaf and Muhammad Younas have applied for post‑arrest bail in a case registered against them vide F.I.R. No. 126 at Police Station Kotwali Jhang on 15‑3‑1989.
2. According to F.I.R., the complainant Muhammad Ashraf was looking after a bungalow of Ghulam Muhammad which was lying vacant for sale. It is his case that at about 10.00 p.m. two of his friends, namely Amir Hussain and Haq Nawaz carne to see him. He took his guests to Ayyub Chowk, Jhang Sadar to take meal and tea etc. when they came back at about 11.00 p.m. They found that an electric bulb was on in a room of the bungalow and saw the present petitioners alongwith three unknown ladies committing Zina. Thereupon the complainant went to report the matter at Police Station. He met S.I. Rab Nawaz and other police officials at a nearby chowk where his statement was recorded. Thereafter the police party raided the spot and apprehended the petitioners alongwith three ladies while they were committing Zina.
3. Learned counsel has contended that the petitioners arc tenants in the, slops belonging to complainant's uncle and they have been implicated in a mala' fide manner out of ulterior motive. He has argued that mere reading of the FIR does not inspire any confidence whatsoever. He pointed out that during the course of investigation section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 has been deleted and instead challan has already been submitted under section 18 of the Offence, of Zina (Enforcement of Hudood) Ordinance, 1979 on 15‑3‑1989. He has further contended that the bail application of the petitioners was earlier dismissed by the learned Additional Sessions Judge vide order dated 12‑4‑1989 on the ground that the case was still under investigation. Now the position is different. The challan has been submitted after investigation. He has also submitted that all the three ladies have already been granted bail by the learned Additional Sessions Judge, Jhang.
4. Keeping all the facts and circumstances of the case into consideration, I think the petitioners are entitled to the concession of bail. Hence I admit them to bail in the sum of Rs. 30,000 each with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate. Jhang. S.A./F‑159/L ? Bail allowed.